Non Discrimination and Sexual Harassment Policy

In accordance with Board Policy 3410, it is the policy of Antelope Valley
Community College District to maintain
a learning and working environment that
is free from discrimination on the basis
of race, religious creed, color, national
origin, ancestry, physical disability, mental
disability, medical condition, marital
status, sex, age, sexual orientation, or
Vietnam era veteran’s status, or because
he or she is perceived to be in a protected
category or associated with those in a
protected category.

Policy/Complaint Procedure

The policy regarding discrimination
and sexual harassment as well as the
Discrimination Complaint Form is
available in the Office of Human Resources
and Employee Relations.

Students or employees with complaints
of discrimination, sexual harassment, Title
IX violations, or ADA matters involving
Section 504 should direct them to the
District Compliance Officer at (661) 722-
6300, extension 6311.

Copies of the complaint procedure
are available from the Office of Human
Resources and Employee Relations.

The Vice President of Human Resources
and Employee Relations, who serves as
the District’s Compliance Officer, is the
administrator responsible for receiving
complaints of discrimination based on age
as well as disability, race, religion and sex,
including sexual harassment.

Sex Discrimination

Sex discrimination is defined as the
differential treatment of students and
staff within the college community on the
basis of sex in employment, educational
programs and activities.

Sex discrimination examples in the
treatment of students include, but are not
limited to:

Admissions.

Access to programs and facilities.

Vocational education.

Physical education.

Competitive athletics.

Graduation requirements.

Student rules, regulations and
benefits.

Treatment of married and/or pregnant
students.

Financial assistance.

Extracurricular activities.

Comments consistently targeted only
at one gender.

Sexual harassment and/or sex
discrimination and the associated
behaviors as stated, but not limited to the
examples, are unacceptable within the
college environment and during any offcampus
college-sponsored activities. The
standard for determining whether conduct
constitutes sexual harassment is whether
a reasonable person of the same gender as
the victim would perceive the conduct as
harassment based on sex.

This policy covers all individuals in
the workplace. Antelope Valley College
will not tolerate, condone, or allow sexual
harassment and/or sex discrimination,
whether engaged in by employees or nonemployees
who conduct business with the
district. The district encourages reporting
of all incidents of sexual harassment and/
or sex discrimination, regardless of who
the offender may be, or the offender’s
relationship to the district. Sanctions shall
be taken against any student, employee,
or non-employee conducting business
with the district who engages in sexual
harassment and/or sex discrimination.

Sexual Harassment

Purpose of Policy

The purpose of the district’s sexual
harassment policy is to:

Prohibit and discourage any person
in the work or education setting from
sexually harassing any other person
including students in the work or
educational setting;

Provide a harassment-free work and
educational environment;

Remedy in a speedy manner and
consequences of sexual harassment;

Provide on-going education and
awareness of the problem of sexual
harassment; and,

Provide information about how to
pursue claims of sexual harassment.

General Definitions

To be unlawful , gender- based
harassment has to be pervasive and severe
enough to alter the conditions of the
victim’s employment or educational
environment. Trivial, isolated incidents
will not necessarily create a hostile
atmosphere. Moreover, the conduct
generally must be repetitive, although
when physical behavior is involved, a
one-time occurrence sometimes will be
sufficient.

Generally, sexual harassment occurs
when unwelcome sexual advances,
requests for sexual favors, and other verbal
or physical conduct of a sexual nature:

Is made either explicitly or implicitly
a term or condition of an individual’s
education status or employment.

Is used as a basis for educational or
employment decisions affecting such
individual.

Creates an intimidating, hostile or
offensive educational or working
environment.

Specific Examples

For the purpose of further clarification,
sexual harassment includes but is not
limited to:

Continuing to express sexual interest
after being informed that the interest
is unwelcome. (Reciprocal attraction
is not considered sexual harassment,
however, this type of situation could
create a hostile environment for
others.)

Submission to, or rejection of, the
conduct by the individual is used as
the basis for any decision affecting
the individual regarding benefits
and services, honors, programs, or
activities available at or through the
educational institution. For example,
within the work environment, either
implying or actually withholding
support for an appointment, promotion,
or change of assignment; suggesting
a poor performance evaluation will
be prepared, or suggesting probation
will be failed. Within the educational
environment, either implying or
actually withholding grades earned or
deserved; or suggesting a scholarship
recommendation or college application
will be denied.

Within the work environment, engaging
in implicit or explicit coercive sexual
behavior which is used to control,
influence, affect the career, salary
and/or work environment of another
employee. Within the educational
environment, engaging in implicit
or explicit coercive sexual behavior
which is used to control, influence, or
affect the educational opportunities,
grades and/or learning environment of
a student.

A pattern of conduct that would
cause discomfort and/or humiliate a
reasonable person at whom the conduct
was directed and that includes one or
more of the following:

Unnecessary touching, patting,
hugging, or brushing against a
person’s body.

Remarks of a sexual nature about
a person’s clothing or body; or
remarks about sexual activity or
speculations about previous sexual
experiences.

General Provisions and Guidelines
Charges/Complaints

Filing
Charges/complaints should be in
writing and shall be filed with the
district compliance officer or designee.
Any charge/complaint received,
whether in writing or not, shall be
investigated.

Content of Charge/Complaint
The charge/complaint shall identify the
offending person or persons; include
reference to specific examples of
offensive conduct, including dates,
times and places; identify the remedy
sought; and describe the informal
efforts made to correct the situation.

Review and Disclosure of Charge/Complaint
The district compliance officer or
designee shall review the charge/
complaint. As soon as reasonably
possible after receipt of the charge/
complaint, the student, employee, or
other person who is accused of sexual
harassment will be informed of the
contents of the charge/complaint.

Time Limits
A charge/complaint shall be filed
within one year of the date of the
alleged unlawful discrimination
or within one year of the date on
which the complainant knew or
should have known of the facts
underlying the allegation of unlawful
discrimination*.